Supreme Court of India · 2008-09-18
District Programme Co-Ordinator & Anr vs Abdul Kareem & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 512
- Court
- Supreme Court of India
- Petitioner
- District Programme Co-Ordinator & Anr
- Respondent
- Abdul Kareem & Anr
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the legality of the termination of the respondent's services under the Industrial Disputes Act, 1947, specifically referencing Section 2(oo)(bb) which pertains to the definition of 'retrenchment'. The Court upheld the Labour Court's finding that the termination was illegal due to the absence of a disciplinary enquiry, thus affirming the reinstatement with back wages, albeit reducing the back wages to 30%. The Court emphasized that the termination did not fall within the exceptions outlined in the Act, reinforcing the necessity of due process in employment termination.